Appeals court tosses DOJ bid to force California to disregard ballots from alleged noncitizen voters
In a 2-1 decision, the U.S. Court of Appeals for the 9th Circuit said that it lacked jurisdiction over the appeal and granted a motion by the top election official in Los Angeles County to reject the department's lawsuit.
A federal appeals court Monday rejected a Trump administration lawsuit aimed at forcing California officials to set aside thousands of mail-in ballots the Justice Department claims were sent to noncitizens ahead of the midterms.
In a 2-1 decision, the U.S. Court of Appeals for the 9th Circuit said that it lacked jurisdiction over the appeal and granted a motion by the top election official in Los Angeles County to reject the department's lawsuit, CBS News reported.
Judges Mark Bennett and Gabriel Sanchez ruled that the federal government failed to allow a federal district court enough opportunity to consider its request for temporary relief.
They also faulted the Justice Department for waiting until a few weeks before the midterm elections to file its lawsuit, and seeking a temporary restraining order from the district court only last week. They also raised issue with the department's decision to seek a temporary restraining order as California was already processing ballots.
Judge Patrick Bumatay, who dissented, sided with the federal government's argument that it has an interest in protecting the integrity of federal elections.